October 23, 2013
ANDREW PAUL ROSHONE, Plaintiff,
LT. JOST, SGT. MOURA, C/O BARTON, C/O ESTRADA, C/O OLIVE, and C/O JOHN DOE in their official and individual capacities, Defendants.
ANNA J. BROWN, District Judge.
Magistrate Judge Paul Papak issued Findings and Recommendation (#79) on September 4, 2013, in which he recommends this Court grant in part and deny in part Defendants' Motion (#52) for Summary Judgment, dismiss Plaintiff's claims against Defendant John Doe with prejudice, and dismiss Claim III without prejudice The matter is now before this Court pursuant to 28 U.S.C. § 636(b) (1) (B) and Federal Rule of Civil Procedure 72(b).
Because no objections to the Magistrate Judge's Findings and Recommendation were timely filed, this Court is relieved of its obligation to review the record de novo. See also Dawson v. Marshall, 561 F.3d 930, 932 (9th Cir. 2009); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) ( en banc ). Having reviewed the legal principles de novo, the Court does not find any error.
The Court ADOPTS Magistrate Judge Papak's Findings and Recommendation (#79). Accordingly, the Court GRANTS in part and DENIES in part Defendants' Motion (#52) for Summary Judgment consistent with the Magistrate Judge's Findings and Recommendation, DISMISSES Plaintiff's claims against Defendant John Doe with prejudice, and DISMISSES Claim III without prejudice.
IT IS SO ORDERED.